Privacy Authority ("Garante") Decision about the Request of Deleting a “Tag” from a Facebook Picture, doc. web n. 1712776

The claimant requested to force Facebook to remove of a “tag” from a Facebook photo able to identify her and her sexual orientation. The Garante rejected the complaint because the law does not apply if (a) the profile data processing was carried out only for personal use (b) there is not “diffusion”: the profile was “closed” and therefore there was not diffusion to the public (c) the claimant can autonomously remove the tag.